Recent HOA law affects garbage

This Saturday’s column is a continuation of the new state laws, which were passed in July, that will impact Southern Nevada homeowners associations.

Assembly Bill 44 pertains to HOAs’ storage of trash. This new law was passed in response to homeowners who complained to the Legislature about their associations requiring them to store their garbage cans inside their garages.

The new law states an association may adopt rules, as long as they are in compliance with this law, that reasonably restrict how trash containers are stored at a residence.

The rules that are adopted by the association must 1) comply with all county, city and state codes and regulations, 2) allow the unit owner or tenant to store the containers outside any building or garage on the premises on nontrash pickup days.

The association rules may include the following: 1) provide that the containers must be stored in the rear or side yard of the unit, if such location exits, and in such a manner that the containers are screened from view from the street, a sidewalk or any adjacent property, 2) include without limitation rules prescribing the size, location, color and material of any device, structure or item used to screen the containers, 3) rules that restrict the conditions under which containers are placed in the collection area for trash pickup and the time containers may remain in the collection area. The county has specific codes as to these requirements.

Hopefully, this new law will not create health hazards. What the legislators missed in passing this law was some common-sense regulations, such as containers should be properly covered and secured in order to prevent animals from rummaging through your trash cans and complaints from your neighbors about the stench. I guess we may see that being added to the law in 2015.

Next week we will review laws that affect HOAs’ bottom line.

Barbara Holland, certified property manager, broker and supervisory certified association manager, is president and owner of H&L Realty and Management Co. Questions may be sent to Association Q&A, P.O. Box 7440, Las Vegas, NV 89125. Fax is 702-385-3759, email is support@hlrealty.com.